On Nov. 1, Bee Cave’s litigation attorney filed a motion to extend the city’s restraining order against developers Velocis and Wheelock, Mayor Kara King said in a Facebook post. The original restraining order was approved by Judge Jessica Mangrum on Oct. 21.
The newly extended restraining order will continue until Nov. 12, when a temporary injunction hearing will take place.
The background
Prior to the Oct. 21 hearing, in which Bee Cave was first granted its temporary restraining order against the developers, residents in communities neighboring the development expressed concern over excessive noise and light pollution emanating from the construction site, Bee Cave Communications Director Crystal Cotti said.
Developers have refuted these claims and said that no noise-level warnings or light pollution warnings have been issued by any governing authority.
Following the TRO’s approval, King said that city officials would be on site to inspect for any safety or regulatory noncompliance.
What’s happening?
During those recent inspections, engineers found that the site’s development poses serious environmental risks, according to the city’s Nov. 1 court filing. Developers failed to obtain authorization from the Lower Colorado River Authority for their water drainage plans and, currently, the site has redirected its drainage into Little Barton Creek, which violates the law, according to the filing.
The filing states that the development’s failure to comply with the law may threaten nearby homeowners and threaten endangered species in the area, such as freshwater mussels and certain species of salamander.
Representatives for Velocis reject these claims, saying that no notice has been issued to them regarding environmental dangers or public safety concerns.
Safety concerns brought to attention by Bee Cave’s engineers include a retaining wall near the development’s property line with Madrone Canyon. According to the filing, engineers found that several sections of the wall were deteriorating.
“It is unclear whether the integrity of the existing retaining wall will maintain in the event of a significant storm,” engineer John Nett said in a declaration included with the filing. “In fact, the current retaining wall on the site, which I understand to be less than a year old, have already experienced some cracking and crumbling.”
The filing states that the developers knowingly misrepresented site plans to Travis County during their permitting process. Developers allegedly submitted outdated grading plans to Travis County and represented them as final, despite knowing they would not be used. These grading plans now pose a risk of erosion and runoff, contributing to the aforementioned environmental and safety concerns, according to the filing.
A spokesperson for Velocis and Wheelock disputed the claims made by city engineers following their inspections.
“These accusations by the city, including the baseless claims which have preceded them, will be refuted when the facts surrounding this project and case are revealed in court,” the spokesperson said.
A counterclaim was filed by Velocis on Nov. 1, which states that the developers had fulfilled all permitting requirements as were laid out in their initial agreement with the city. Developers argued that there is no legal basis for Bee Cave’s lawsuit and that the city is violating Velocis’ constitutional and state-vested rights.
Also of note
Bee Cave City Council made a motion to isolate council member Jon Cobb from matters regarding the lawsuit at a special meeting held Nov. 4. This decision was made in order to ensure the city’s legal team can operate effectively on behalf of the city, Cotti said.
When reached for comment, Cobb said that this decision was made in reaction to a private conversation held between himself and a representative for Velocis.
“All I said to him was that I’m really sorry you got treated this way. It has nothing to do with the merits of the lawsuit at all,” Cobb said.
This conversation occurred after Bee Cave’s lawsuit had been filed; however, Cobb said that he was only made aware of the lawsuit during his conversation with Velocis.
Velocis has made claims that Bee Cave violated the Texas Open Meetings Act by not calling a public meeting before pursuing their lawsuit.
“Based on state law and the city charter, the City of Bee Cave is confident that the necessary authority was in place for both the city attorney's decision to seek a temporary restraining order on August 14, 2024, and the council's subsequent action on November 4, 2024,” Cotti said in an email addressing Velocis’ claims. “All actions taken by the city are guided by a steadfast commitment to serving the best interests of its residents.”
What’s next?
The TRO will extend until a hearing takes place Nov. 12 at 9 a.m., during which Bee Cave will argue its case for a permanent injunction on the development.
